MARK E. NUSBAUM has been a member of Nixon & Vanderhye since July 10, 1986. He has testified as an expert witness on Patent and Trademark Office practice and related areas of patent law in numerous major patent infringement litigations over the last twenty years in cases involving electrical, mechanical and chemical technologies. He continues to actively prosecute patent applications in the electronics and computer-related art areas.
From July 1983 through July 1986, Mr. Nusbaum served as a member of the U.S. Patent and Trademark Office's Board of Patent Appeals and Interferences acting in a quasi-judicial capacity reviewing adverse decision of examiners in applications for patents.
Between November of 1980 and July 1983, Mr. Nusbaum also served as head of a patent examining art unit responsible for the examination of patent applications in the highly complex data processing system art area. His examining art unit handled patent applications covering computer system architecture and a wide range of systems including a computer, e.g., control systems, navigation systems, business systems, medical systems, measuring and testing systems, etc.
During this time period, Mr. Nusbaum actively participated in the development and clarification of the state of the law regarding the eligibility of computer programs for patent protection. He worked with the Patent and Trademark Office Solicitor's Office and U.S. Justice Department in preparing cases for hearing before the U.S. Supreme Court. He served as Chairman of the Patent and Trademark Office's Computer Programming Guidelines Committee, established in 1981 to generate guidelines regarding the eligibility for patent protection of computer programming and mathematical algorithm related inventions. Mr. Nusbaum was the principal author of these original guidelines which had been incorporated into the Manual of Patent Examining Procedure.
Due to his expertise in this area of patent law, Mr. Nusbaum has served as a featured speaker on patent protection for computer software during numerous software protection symposiums. He has addressed the Washington State, Oregon State and Virginia Bar associations, the Computer Law Association, and numerous other groups on the examination of computer program related patent applications. Mr. Nusbaum also spoke in Tokyo, Japan, on this subject at the 100th Anniversary Symposium of the Japanese Patent system.
From July of 1969 to November 1980, Mr. Nusbaum served as a patent examiner in the highly complex general and special purpose digital data processing systems arts. He achieved a Senior Examiner rating in this art in October of 1977. He received numerous awards and citations throughout his career at the U.S. Patent and Trademark Office including the Department of Commerce Silver Medal Award.
Mr. Nusbaum received a B.S. Degree in Electrical Engineering with honors from the University of Maryland in 1969. He was admitted to Tau Beta Pi and Eta Kappa Nu, the National Engineering and Electrical Engineering Honor Societies. In 1974, he received a J.D. from American University Washington College of Law and was admitted to the Virginia Bar in 1975.


